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Post by biglakebass on Mar 20, 2021 7:52:55 GMT -6
Never talked to a person cited for tresspassing.
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Post by smsmith on Mar 20, 2021 7:56:42 GMT -6
Anybody had someone ticketed for trespassing from there property in MN? Did you have to do much of anything or was it handled by the cops/sherriff/city/county/Co/whoever? Not in MN. I don't even know who to call if I had a trespasser here. I guess I'd start with the CO. I tried to have several people ticketed in WI. Pretty much impossible unless the LEO (CO's don't ticket for trespass in WI, at least that's what I was told) sees the person themselves, or you have extremely clear pictures of the person in an area easily shown to be your property.
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Post by daydreamer on Mar 20, 2021 7:57:02 GMT -6
We have 24 posted signs ready to put up this spring.
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Post by Bwoods11 on Mar 20, 2021 9:17:15 GMT -6
If you feel the land is city or public. I’d challenge it. Minnesota has some dumb trespassing regs... I try to post my borders best I can. I’ve had some trespassing, overall not bad.
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Post by wklman on Mar 20, 2021 10:18:42 GMT -6
Does anyone besides the alleged owner use it? Does a public road dead end there? I honestly believe Minnesota makes rules and laws ambiguous as possible just so they can manipulate things there way and hand out fines. It's the most frustrating state to get anything done.
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Post by caveman on Mar 20, 2021 11:50:25 GMT -6
Does anyone besides the alleged owner use it? Does a public road dead end there? I honestly believe Minnesota makes rules and laws ambiguous as possible just so they can manipulate things there way and hand out fines. It's the most frustrating state to get anything done. I do not know of the area's current users, it looks like an area open to be used by the public to me. A public road does not dead end there if I am correct, it would if I am not correct.
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Post by benmnwi on Mar 22, 2021 11:04:35 GMT -6
Can you look it up on your county GIS? I know the aerial photos and lot lines can be off by a few feet, but it should show if the land is owned by the city or not.
Legal fees get extremely expensive quickly and I don't see how getting a trespassing ticket will clearly prove if you can use that adjacent land as a legal access point for your property. Looking at it another way, it is possible that you are found not guilty of trespassing, but still not be able to put a driveway across that area or use it as a legal access point.
A CO told me that trespassing is a tough charge to prove any time you are anywhere near a property line. Some fences were put in the wrong area, no trespassing signs placed in the wrong location, etc. Prosecutors aren't overly excited to spend time on cases that are not likely to result in a guilty verdict.
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Post by caveman on Mar 22, 2021 14:35:45 GMT -6
Can you look it up on your county GIS? I know the aerial photos and lot lines can be off by a few feet, but it should show if the land is owned by the city or not. Legal fees get extremely expensive quickly and I don't see how getting a trespassing ticket will clearly prove if you can use that adjacent land as a legal access point for your property. Looking at it another way, it is possible that you are found not guilty of trespassing, but still not be able to put a driveway across that area or use it as a legal access point. A CO told me that trespassing is a tough charge to prove any time you are anywhere near a property line. Some fences were put in the wrong area, no trespassing signs placed in the wrong location, etc. Prosecutors aren't overly excited to spend time on cases that are not likely to result in a guilty verdict. County and City GIS have old information. It's a matter of how a vacated street was divvied up. My research has already gone to pulling the council meeting minutes, the resolution, and current land descriptions, looking at the area, and more. That was mostly all done prior to buying the land. Squatting isn't an argument anyone has presented yet, and I don't believe was done, nor can be done on public roads.
It seems like one of the first parts of a trespass is determining if in fact the accuser owns title to the land. That is all that all I am looking for at this point.
So, as far as what the CO said.......is it the public prosecutor because the CO is the accuser? Or if the accuser is the land owner is it up to that person to hire a prosecuting attorney? I am starting to believe that it is the county/city/state/whoever prosecutor no matter what, otherwise the CO's wouldn't care so much about handing out trespass tickets when a person asks them to.
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Post by benmnwi on Mar 22, 2021 15:26:15 GMT -6
I got the impression that neither the CO nor the public prosecutors are typically interested in trespassing (or other low level cases) cases that are not extremely clear. Your area could be different though if the local cops and prosecutors had more time and were not getting pressured to spend their time on other issues that are deemed to be higher priority. I'm not convinced the cop or CO would issue a trespassing charge without being sure of ownership and I really doubt a county attorney would spend much time combing through title records over a $100 trespassing fine.
But you are correct though, they couldn't really prove whether you are trespassing or not without proving ownership and if you could get the city/county attorney to look that up for you that would certainly be a low cost option. You wouldn't be out anything unless the trespassing charge is valid or if you hire an attorney to fight the ticket which it doesn't sound like you would do.
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Post by nhmountains on Mar 23, 2021 0:45:30 GMT -6
Can you look it up on your county GIS? I know the aerial photos and lot lines can be off by a few feet, but it should show if the land is owned by the city or not. Legal fees get extremely expensive quickly and I don't see how getting a trespassing ticket will clearly prove if you can use that adjacent land as a legal access point for your property. Looking at it another way, it is possible that you are found not guilty of trespassing, but still not be able to put a driveway across that area or use it as a legal access point. A CO told me that trespassing is a tough charge to prove any time you are anywhere near a property line. Some fences were put in the wrong area, no trespassing signs placed in the wrong location, etc. Prosecutors aren't overly excited to spend time on cases that are not likely to result in a guilty verdict. County and City GIS have old information. It's a matter of how a vacated street was divvied up. My research has already gone to pulling the council meeting minutes, the resolution, and current land descriptions, looking at the area, and more. That was mostly all done prior to buying the land. Squatting isn't an argument anyone has presented yet, and I don't believe was done, nor can be done on public roads.
It seems like one of the first parts of a trespass is determining if in fact the accuser owns title to the land. That is all that all I am looking for at this point.
So, as far as what the CO said.......is it the public prosecutor because the CO is the accuser? Or if the accuser is the land owner is it up to that person to hire a prosecuting attorney? I am starting to believe that it is the county/city/state/whoever prosecutor no matter what, otherwise the CO's wouldn't care so much about handing out trespass tickets when a person asks them to. You mentioned your land title earlier. When you bought the land was their a title given and did you get title insurance? Was there an access listed on that title? If you had title insurance then I’d they the insurance would cover legal expenses to get this resolved?
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Post by MoBuckChaser on Mar 23, 2021 7:12:02 GMT -6
After reading this thread one thing comes to mind for me and should for everyone. Get a title opinion by a qualified land attorney before you purchase......
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Coda1
Full Member
Posts: 242
Likes: 303
Location: Hunting north of Staples, MN
Zone: 3B
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Post by Coda1 on Mar 23, 2021 20:47:30 GMT -6
According to the hunting regulations trespassing after being told not to could result in a gross misdemeanor and loss of all hunting privileges for two years.
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Post by caveman on Mar 23, 2021 21:13:49 GMT -6
County and City GIS have old information. It's a matter of how a vacated street was divvied up. My research has already gone to pulling the council meeting minutes, the resolution, and current land descriptions, looking at the area, and more. That was mostly all done prior to buying the land. Squatting isn't an argument anyone has presented yet, and I don't believe was done, nor can be done on public roads.
It seems like one of the first parts of a trespass is determining if in fact the accuser owns title to the land. That is all that all I am looking for at this point.
So, as far as what the CO said.......is it the public prosecutor because the CO is the accuser? Or if the accuser is the land owner is it up to that person to hire a prosecuting attorney? I am starting to believe that it is the county/city/state/whoever prosecutor no matter what, otherwise the CO's wouldn't care so much about handing out trespass tickets when a person asks them to. You mentioned your land title earlier. When you bought the land was their a title given and did you get title insurance? Was there an access listed on that title? If you had title insurance then I’d they the insurance would cover legal expenses to get this resolved? No, to the title insurance. Most folks here spend more in spilled liquor each year than the land was purchased for.
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Post by nhmountains on Mar 24, 2021 4:32:06 GMT -6
After reading this thread one thing comes to mind for me and should for everyone. Get a title opinion by a qualified land attorney before you purchase...... Many years ago my brother's father in-law was driving down a rural road and saw a realty sign for a chunk of land with his buddy's sign. He called purchased his realtor buddy and paid for cash for the land without a title search. He built a spec house on it. What he didn't know was some kids had been moving realty signs around from one plot of land down the road to other plots so he actually paid cash without a title search for the wrong land. Back then before 911 there were very few street numbers along roads. It belonged to a couple from New Jersey who hadn't set foot on the land in 10 years. They took possession of their new house. He eventually settled with them but, lost a ton of money.
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Post by MoBuckChaser on Mar 24, 2021 5:22:33 GMT -6
After reading this thread one thing comes to mind for me and should for everyone. Get a title opinion by a qualified land attorney before you purchase...... Many years ago my brother's father in-law was driving down a rural road and saw a realty sign for a chunk of land with his buddy's sign. He called purchased his realtor buddy and paid for cash for the land without a title search. He built a spec house on it. What he didn't know was some kids had been moving realty signs around from one plot of land down the road to other plots so he actually paid cash without a title search for the wrong land. Back then before 911 there were very few street numbers along roads. It belonged to a couple from New Jersey who hadn't set foot on the land in 10 years. They took possession of their new house. He eventually settled with them but, lost a ton of money. Education is expensive at times.
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